

LAWS AND COMMITTEE RULES 

GOVERNING CONTESTED-ELECTION 
CASES IN THE HOUSE OF 
REPRESENTATIVES 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1923 













































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THE LAW GOVERNING CONTESTED ELECTIONS. 


Each House shall be the judge of the elections, returns, constitution, 
and qualifications of its own Members. 

NOTICE OF INTENTION TO CONTEST. 

Whenever any person intends to contest an election th ^ e J* | tat T it f/ 
of any Member of the House of Representatives of the II, ch. 8, sec. 105. 
United States, he shall, within thirty days after the result 
of such election shall have been determined by the officer 
or board of canvassers authorized by law to determine 
the same, give notice, in writing, to the Member whose 
seat he designs to contest, of his intention to contest the 
same, and, in such notice, shall specify particularly the 
grounds upon which he relies in the contest. 

TIME FOR ANSWER. 

Any Member upon whom the notice mentioned in the stat3 *' 

preceding section may be served shall, within thirty days s 
after the service thereof, answer such notice, admitting 
or denying the facts alleged therein, and stating specifi¬ 
cally any other grounds upon which he rests the validity 
of his election; and shall serve a copy of his answer upon 
the contestant. 

TIME ALLOWED FOR TAKING TESTIMONY. 

In all contested-election cases the time allowed for tak- s(M ? Stats -' 
ing testimony shall be ninety days, and the testimony 
shall be taken in the following order: The contestant 
shall take testimony during the first forty days, the 
returned Member during the succeeding forty days, and 
the contestant may take testimony in rebuttal only dur¬ 
ing the remaining ten days of said period. 

By the act of March 2, 1875 ( U. S. Statutes at Large, vol. 18, ch. 

119, p. 338), it is provided that sec. 107, R. S., shall be construed 
as requiring all testimony in cases of contested election to be taken 
within ninety days from the day on which the answer of the re¬ 
turned Member is served upon the contestant. 

NOTICE AND SERVICE OF DEPOSITIONS. 

The party desiring to take a deposition under the pro¬ 
visions of this chapter shall give the opposite party notice, 
in writing, of the time and place, when and where the 
same will be taken, of the names of the witnesses to be 


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6 LAWS AND RULES GOVERNING CONTESTED-ELECTION CASES. 


Rev. Stats., 
Title II, ch. 8, 
sec. 108. 


Rev. Stats., sec. 
109. 


Rev. Stats., sec. 

110 . 


Rev. Stats., sec. 
111 . 


Rev. Stats., sec. 
112 . 


examined, and their places of residence, and of the name 
of any officer before whom the same will be taken. The 
notice shall be personally served upon the opposite party, 
or upon any agent or attorney authorized by him to take 
testimony or cross-examine witnesses in the matter of 
such contest, if, by the use of reasonable diligence, such 
personal service can be made; but if, by the use of such 
diligence, personal service can not be made, the service 
may be made by leaving a duplicate of the notice at the 
usual place of abode of the opposite party. The notice 
shall be served so^as to allow the opposite party suffi¬ 
cient time by the usual route of travel to attend, and one 
day for preparation, exclusive of Sundays and the day 
of service. Testimony in rebuttal may be taken on five 
days’ notice. 

TESTIMONY TAKEN AT SEVERAL PLACES AT SAME TIME. 

Testimony in contested-election cases may be taken at 
two or more places at the same time. 

WHO MAY ISSUE SUBPCENAS. 

When any contestant or returned member is desirous 
of obtaining testimony respecting a contested election, he 
may apply for a subpoena to either of the following offi¬ 
cers who may reside within the congressional district in 
which the election to be contested was held: 

First. Any judge of any court of the United States. 

Second. Any chancellor, judge, or justice of a court of 
record of any State. 

Third. Any mayor, recorder, or intendant of any town 
or city. 

Fourth. Any register in bankruptcy or notary public. 

WHAT THE SUBPCENAS SHALL CONTAIN. 

The officer to whom the application authorized by the 
preceding section is made shall thereupon issue his writ 
of subpoena, directed to all such witnesses as shall be 
named to him, requiring their attendance before him, at 
some time and place named in the subpoena, in order to 
be examined respecting the contested election. 

WHEN JUSTICES OF THE PEACE MAY ACT. 

In case none of the officers mentioned in section 110 
are residing in the congressional district from which the 
election is proposed to be contested, the application 
thereby authorized may be made to any two justices of 
the peace residing within the district; and they may 
receive such application, and jointly proceed upon it. 


LAWS AND RULES GOVERNING CONTESTED-ELECTION CASES. 7 


DEPOSITIONS BY CONSENT. 

It shall be competent for the parties, their agents 01* Ti Se v ij S cb* S 8 
attorneys authorized to act in the premises, by consent sec. 113 . c ’ 
in writing, to take depositions without notice; also, by 
such written consent, to take depositions (whether upon 
or without notice) before any officer or officers authorized 
to take depositions in common law, or civil actions, or 
in chancery, by either the laws of the United States or of 
the State in which the same may be taken, and to waive 
proof of the official character of such officer or officers. 

Any written consent given as aforesaid shall be returned 
with the depositions. 

SERVICE OF SUBPCENA. 

Each witness shall be duly served with a subpoena, by n f cv - stats.,sec. 
a copy thereof delivered to him or left at his usual place 
of abode, at least five days before the day on which the 
attendance of the witness is required. 

WITNESSES NEED NOT ATTEND OUT OF THE COUNTY. 

No witness shall be required to attend an examination n Rev. stats.,sec. 
out of the county in which he may reside or be served 
with a subpoena. 

PENALTY FOR FAILURE TO ATTEND OR TESTIFY. 

Any person who, having been summoned in the man- n Rev. stats., sec. 
ner above directed, refuses or neglects to attend and tes¬ 
tify, unless prevented by sickness or unavoidable neces- 
sit}q shall forfeit the sum of twenty dollars, to be recov¬ 
ered, with costs of suit, by the party at whose instance 
the subpoena was issued, and for his use, by an action of 
debt, in any court of the United States; and shall also 
be liable to an indictment for a misdemeanor, and pun¬ 
ished by fine and imprisonment. 

WITNESSES OUTSIDE OF DISTRICT. 

Depositions of witnesses residing outside of the district n f eY ‘ stats.,sec. 
and beyond the reach of a subpoena may be taken before 
any officer authorized by law to take testimony in con¬ 
tested-election cases in the district in which the witness 
to be examined may reside. 

PARTY NOTIFIED MAY SELECT AN OFFICER. 

The party notified as aforesaid, his agent or attorney, n ^ 6V - Stats ” se<v 
may, if he sees fit, select an officer (having authority to 
take depositions in such cases) to officiate, with the offi¬ 
cer named in the notice, in the taking of the depositions; 
and if both such officers attend, the depositions shall be 


8 LAWS AND RULES GOVERNING CONTESTED-ELECTION CASES. 


Rev. Stats., 
tie II, ch. 8, 
119. 


Rev. Stats., 
120 . 


Rev. Stats., 
121 . 


Rev. Stats.,! 
122 . 


Rev. Stats., 
123. 


taken before them both, sitting together, and be certified 
by them both. But if any one of such officers attend, 
the deposition may be taken before and certified by him 
alone. 

DEPOSITIONS TAKEN BY PARTY OR AGENT. 

Ti - At the taking of any depositions under this chapter, 

sec either party may appear and act in person, or by agent 
or attorney. 

EXAMINATION OF WITNESSES. 

sec. All witnesses who attend in obedience to a subpoena, 
or who attend voluntarily at the time and place ap¬ 
pointed, of whose examination notice has been given, as 
provided by this chapter, shall then and there be exam¬ 
ined on oath by the officer who issued the subpoena, or, 
in case of his absence, by any other officer who is author¬ 
ized to issue such subpoena, or by the officer before whom 
the depositions are to be taken by written consent, or 
before whom the depositions of witnesses residing outside 
the district are to be taken, as the case may be, touching 
all such matters respecting the election about to be con¬ 
tested as shall be proposed by either of the parties or their 
agents. 

LIMITATION OF TESTIMONY. 

sec - The testimony to be taken by either party to the con¬ 
test shall be confined to the proof or disproof of the facts 
alleged or denied in the notice and answer mentioned in 
sections one hundred and five and one hundred and six. 

HOW TESTIMONY SHALL BE WRITTEN OUT AND ATTESTED. 

sec - The officer shall cause the testimony of the witnesses, 
together with the questions proposed by the parties or 
their agents, to be reduced to writing in his presence, and 
in the presence of the parties or their agents, if attending, 
and to be duly attested by the witnesses respectively. 

PRODUCTION OF PAPERS. 

3ec - The officer shall have power to require the production 
of papers; and on the refusal or neglect of any person to 
produce and deliver up any paper or papers in his posses¬ 
sion pertaining to the election, or to produce and deliver 
up certified or sworn copies of the same in case they may 
be official papers such persons shall be liable to all the 
penalties prescribed in section one hundred and sixteen. 
All papers thus produced, and all certified or sworn copies 
of official papers, shall be transmitted by the officer, with 
the testimony of the witnesses, to the Clerk of the House 
of Representatives. 


LAWS AND RULES GOVERNING CONTESTED-ELECTION CASES. 9 


ADJOURNMENTS. 

The taking of testimony may, if so stated in the notice, Rey. stats., Ti- 
be adjourned from day to day. m. 11 ’ ch> 8 ’ sec< 

NOTICE, ETC., ATTACHED TO DEPOSITIONS. 

The notice to take depositions, with the proof or ac- Rev. stats., sec. 
knowledgment of the service thereof, and a copy of the 
subpoena, where any has been served, shall be attached 
to the depositions when completed. 

COPY OF NOTICE AND ANSWER TO ACCOMPANY TESTIMONY. 

A copy of the notice of contest, and of the answer of the 12 R ev - stats.,sec. 
returned member, shall be prefixed to the depositions 
taken, and transmitted with them to the Clerk of the 
House of Representatives. 

HOW TESTIMONY" IS TO BE SENT TO CLERK OF HOUSE AND 
HOW OPENED. 

All officers taking testimony to be used in a contested- R fv Cti s? a r t g 27 ^as 
election case, whether by deposition or otherwise, shall, amended a by act 
when the taking of the same is completed, and without u.^ ar staVT’ 
unnecessary delay, certify and carefully seal and imme-^J $ 

diately forward the same, by mail or by express, addressed chap. 3i8(p'. 445)/ 
to the Clerk of the House of Representatives of the United 
States, Washington, District of Columbia; and shall also 
indorse upon the envelope containing such deposition or 
testimony the name of the case in which it is taken, to¬ 
gether with the name of the party in whose behalf it is 
taken, and shall subscribe such indorsement. 

The Clerk of the House of Representatives, upon the 
receipt of such deposition or testimony, shall notify the 
contestant and the contestee, by registered letter through 
the mails, to appear before him at the Capitol, in person 
or by attorney, at a reasonable time to be named, not 
exceeeding twenty days from the mailing of such letter, 
for the purpose of being present at the opening of the 
sealed packages of testimony and of agreeing upon the 
parts thereof to be printed. Upon the day appointed for 
such meeting the said clerk shall proceed to open all the 
packages of testimony in the case, in the presence of the 
parties or their attorneys, and such portions of the testi¬ 
mony as the parties may agree to have printed shall be 
printed by the Public Printer, under the direction of the 
said clerk; and in case of disagreement between the 
parties as to the printing of any portion of the testimony, 
the said clerk shall determine whether such portion of 
the testimony shall be printed; and the said clerk shall 
prepare a suitable index to be printed with the record. 

And the notice of contest and the answer of the sitting 
member shall also be printed with the record. 


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LAWS AND RULES GOVERNING CONTESTED-ELECTION CASES. 


If either party, after having been duly notified, should 
fail to attend, by himself or by an attorney, the clerk 
shall proceed to open the packages, and shall cause such 
portions of the testimony to be printed, as he shall de¬ 
termine. 

He shall carefully seal up and preserve the portions of 
the testimony not printed, as well as the other portions 
when returned from the Public Printer, and lay the same 
before the Committee on Elections at the earliest oppor¬ 
tunity. As soon as the testimony in any case is printed 
the clerk shall forward by 'mail, if desired, two copies 
thereof to the contestant and the same number to the 
contestee; and shall notify the contestant to file with the 
clerk, within thirty days, a brief of the facts and the 
authorities relied on to establish his case. The clerk 
shall forward by mail two copies of the contestant’s brief 
to the contestee, with like notice. 

Upon receipt of the contestee’s brief the clerk shall 
forward two copies thereof to the contestant, who may, 
if he desires, reply to new matter in the contestee’s brief 
within like time. All briefs shall be printed at the ex¬ 
pense of the parties respectively, and shall be of like folio 
as the printed record; and sixty copies thereof shall be 
filed with the clerk for the use of the Committee on 
Elections. 

FEES OF WITNESSES. 

ut^fofths United Every witness attending by virtue of any subpoena 
states, Title ii, herein directed to be issued shall be entitled to receive 
chap. 8, sec. 128 . sum 0 f seventy-five cents for each day’s attendance, 
and the further sum of five cents for every mile neces¬ 
sarily traveled in going and returning. Such allowance 
shall be ascertained and certified by the officer taking the 
examination, and shall be paid by the party at whose 
instance such witness was summoned. 

FEES OF OFFICERS. 

i 2 ? ev ' stats ,sec ‘ Each judge, justice, chancellor, chief executive officer 
of a town or city, register in bankruptcy, notary public, 
and justice of the peace, who shall be necessarily em¬ 
ployed pursuant to the provisions of this chapter, and all 
sheriffs, constables, or other officers who may be em¬ 
ployed to serve any subpoena or notice herein authorized, 
shall be entitled to receive from the party at whose in¬ 
stance the service shall have been performed such fees as 
are allowed for similar services in the State wherein such 
service may be rendered. 

EXPENSES OF CONTEST. 

m ev ' Stats ‘ ,sec ' No payment shall be made by the House of Repre¬ 
sentatives, out of its contingent fund or otherwise, to 
either party to a contested-election case for expenses 
incurred in prosecuting or defending the same. 


LAWS AND RULES GOVERNING CONTESTED-ELECTION CASES. 11 
ALLOWANCES FOR EXPENSES OF ELECTION CONTESTS. 

No contestee or contestant for a seat in the House of i 8 4 ct u ^stat’ 
Representatives shall be paid exceeding two thousand l.', 45thbong.,3d 
dollars for expenses in election contests; and beforeSa chap ' 
any sum whatever shall be paid to a contestant or con¬ 
testee for expenses of election contests, he shall file with 
the clerk of the Committee on Elections a full and detailed 
account of his expenses, accompanied by the vouchers 
and receipts for each item, which account and vouchers 
shall be sworn to by the party presenting the same, 
and no charges for witness fees shall be allowed in said 
accounts unless made in strict conformity to section 
one hundred and twenty-eight Revised Statutes of the 
United States. 


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